HomeMy WebLinkAboutCAG1987-0512 - Original - GWC Seattle, Inc. - Lease of Kent-Water District 111 facilities - 06/01/1987 F
r
J U N 1 1987
LEASE AGREEMENT
PART A - SIGNATURE FORM
1 . PARTIES. THIS LEASE AGREEMENT entered into by and between the CITY OF
KENT,as municipal corporation, and WATER DISTRICT 111 , duly organized and
Initial existing under the laws of the State of Washington, its successors and C (0c SO4Trzil",
assigns, as Lessor (hereinafter referred to as the "City") , and
a corporation organized under the laws of t e �
State�of Lessee's heirs, successors, and assigns (hereinafter��
referred to as "Lessee"), WITNESSES THAT:
2. PREMISES. The City, as the legal owner of the real property described as
follows:
THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE COUNTY OF
KING, STATE OF WASHINGTON$ AND IS DESCRIBED AS FOLLOWS:
The West 150 feet of the South 300 feet of the North 330 feet of the
Southeast quarter of the Southwest quarter of the Southeast quarter
of Section 33, Township 22 North, Range 5 East, W.M. , in King County,
Washington;
ALSO that portion of the Southwest quarter of the Southwest quarter
of the said Southeast quarter of Section 33, lying easterly of the
westerly 508 feet thereof and northerly of the southerly 429 feet of
the said Southwest quarter of the Southwest quarter of the Southeast
quarter and southerly of the northerly 30 feet of the said Southwest
quarter of the Southwest quarter of the Southeast quarter;
ALSO that portion of the South 300 feet of the North 330 feet of the
Southwest quarter of the Southwest quarter of the said Southeast
quarter of Section 33, lying southerly of the North line at a
southerly 429 feet of the said Southwest quarter and easterly of the
following described line:
Beginning at a point on the South line of the said Southwest quarter
of the Southwest quarter of the Southeast quarter which is 508 feet
easterly of the Southwest corner thereof; thence northly to a point
of said North line of the southerly 429 feet at the Southwest quarter
which is 509.70 feet easterly of the West line of the said Southwest
quarter and the terminus said line description;
TOGETHER WITH an easement over, under and across the East 30 feet of
the West 180 feet of the North 330 feet of the Southeast quarter of
the Southwest quarter of the Southeast quarter of Section 33,
Township 22 North, Range 5 East W.M. , King County, Washington;
TOGETHER WITH an easement over, under and across the North 30 feet of
the West 150 feet of the said Southeast quarter of the Southwest
quarter of the Southeast quarter; also that portion of the North 30
feet of the Southwest quarter of the said Southwest quarter of the
Southeast quarter lying easterly of 124th Avenue Southeast; also
that portion of the South 30 feet of the Northwest quarter of the
said Southwest quarter of the Southeast quarter lying easterly of
124th Avenue Southeast; .
EXCEPT all coal and minerals and the right to explore and mine the
same.
does hereby lease to the Lessee and the Lessee does hereby lease from the City
the above-identified property, commonly known as Kent - Water District 111
facilities for the purposes and subject to the limitations discussed
hereinafter, and in PART B - GENERAL TERMS AND CONDITIONS.
3. PURPOSES 'AND RECITALS.
(a) The City hereby authorizes and permits Lessee to sub-lease herein
tower space on a facility owned by Cable TV of Puget Sound, Inc.
located on the property owned by the City described in paragraph 2.
(b) The City hereby authorizes and permits the Lessee to
construct/install and maintain a microwave dish, a building (8.5 feet
by 6.5 feet, and 10 feet in height) , and necessary appurtenances
located on the property as legally described in paragraph 2 above.
(c) Lessee shall furnish to the City drawings or blue prints drawn to
work scale describing the nature of the work, position and location
of all components�of the installation and details of the facilities.
The design and construction of all facilities shall be in compliance
with federal , state and local statutes, laws or administrative
regulations. No initial work shall commence on the project until the
City, or its designated representative, has reviewed and approved in
writing the installation drawings. Construction shall be performed
in conformance with the approved drawings as determined by the City
of Kent.
(d) It shall be the sole responsibility of the Lessee to procure all
necessary permits, licenses and lease from Cable TV of Puget Sound,
Inc. or its successors in interest for the construction, installation
and operation of said facilities. Lessee shall secure such permits,
licenses and lease. Notwithstanding paragraph 5, below, or any other
paragraph herein, upon the failure of Lessee to secure or retain a
necessary permit or license or lease from Cable TV of Puget Sound,
Inc. , or its successors in interest, this agreement and lease, and
all obligation hereunder, shall be terminated, delinquent rent shall
be paid to the City, and the City reimbursed for all direct expenses
incurred as a result of this lease. All leased Cable TV equipment,
improvements and materials, as directed by the City, shall be removed
from City's premises.
(e) The Lessee shall keep and maintain the equipment installed under this
agreement and all accessories and appurtenances in a safe, neat,
painted and orderly condition and promptly correct any deficiencies.
The Lessee shall also maintain the grounds and landscaping, but shall
- 2 -
not apply chemicals without prior approval by the City. No on sight
storage shall be allowed without the prior written consent of the
City.
(f) Lessee shall , upon completion of installation, immediately restore
improvements of the City which are disturbed, to the condition
existing prior to entry by Lessee.
(g) The Lessee shall not interfere with the City's maintenance of the
real property improvements thereon, or the operation of the City
business.
(h) The City, its agents and employees, will perform no maintenance,
repair or work of any kind on Cable on Lessee's installation,
equipment, or appurtenances without first obtaining written
permission from Lessee. Provided however the City shall be granted
immediate access to perform any maintenance repair or work in an
emergency as determined by the City.
(i ) Lessee shall have the right during the lease term to enter said
property described in paragraph 2, bove, to maintain
ai nsee ain its facilities
and make necessary repairs and upga
des. ange and
provide access to the sight for its purposes. Lessee covenants that
any repair, maintenance or upgrades of its facilities shall be done
in a workman-like manner and in compliance with all applicable
federal , state and municipal laws and regulations.
4. TERM. The term of this agreement shall be for five (5) years, commencing
wTtT the date of execution of this agreement subject, however, to the
terms of Paragraph 5; renewable for an additional five (5) years with
rental rates subject to negotiation. Provided, however, either party may
terminate this Lease Agreement at any time by written notice to the other
party, given eighteen (18) months prior to such termination. Upon
Wiftl termination of this Lease Agreement, Lessee shall remove all equipment and
poll appurtenances installed by it and shall , notwithstanding Part B, Paragraph
.,�16. Surrender of Premises, restore Lessor's property disturbed by such
remova to* )e/ same con ition it was prior to Lessee's installations.
Such removal and restoration shall be completed within 30 days of the
termination of the agreement.
5. In the event that Cable TV of Puget Sound, Inc. 's lease is not continued
for whatever reason through the duration of this lease and extension, this
lease will automatically terminate therewith.
6. RENT. In consideration for the above the Lessee shall abide by the terms
and conditions of this lease and shall pay the following rent:
(a) $100 per month for the balance of 1987.
(b) $125 per month ($1 ,500 per year) for the calendar years 1988, 1989,
and 1990.
(c) $175 per month ($2,100 per year) for the calendar years 1991 , and for
the balance of the year 1992.
*substantially the
- 3 -
(d) The 1987 rent shall be payable in advance within twenty days of the
date of execution of this agreement. The remaining annual rents
shall be payable annually in advance by the 20th day of January of
each consecutive year.
(e) Fifty-seven percent of the rent shall be payable to City Treasurer at
Kent City Hall , 220 4th Avenue South, Kent, Washington 98032-5895;
and forty-three percent of the rent shall be payable to King County
Water District No. 111 , 27239 132nd S.E. , Kent, Washington 98042.
7. INSURANCE. The Lessee shall maintain a policy of public liability
insurance as specified in Part B, Section 5. LIABILITY, hereof, in at
least the following amounts: One million dollars 1 ,000,000) for injury
to or loss of life of, any individual person; the aggregate for personal
injuries suffered in each occurrence; and for property damage suffered in
each occurrence.
8. AGREEMENT CONTENTS. This lease consists of this PART A - SIGNATURE FORM
plus PART B - GENERAL TERMS AND CONDITIONS, all of which, y this
reference are incorporated herein, and embodies the entire agreement of
the parties hereto. There are no other understandings or agreements
written or oral between the parties relating to the subject matter hereof.
9. EFFECTUATION OF AGREEMENT. In order to be effective this lease must be
signed y an aut-horized representative of the Lessee and returned to
the City at the address set forth below, on or before
accompanied by any required policy of insurance and (21 signed by the
Mayor pursuant to the authority granted by the City Council on
IN WITNESS WHEREOF, the parties hereto have affixed their signatures below:
THE CITY OF KENT, LESSOR LESSEE - Gwc SEATTLE, INC.
By: S --
DanKelleher, Mayor .C. Sparkman - Vice President
ATTEST BY:
Terrel E. Davis
Assistant Secretary
Title
DATE: 3- 4 7
- 4 -
The City's address for all Lessee's address for all
communications shall be: communications shall be:
Kent Department of Public Works CWC Seattle, Inc.
220 4th Avenue South 15241 Pacific Hwy, South
Kent, Washington 98032-5895 Seattle, Washington 98188
With a copy to:
APPROVED GWC Seattle, Inc.
WATER DISTRICT 111 Attn: Legal Department
Call Box 22595 - Wellshire Station
Denver, Colorado 80222
ommis er
omrm s si oner
o [Gssi o r
- 5 -
COLORADO
STATE OF ,WASAI GTOM
ARAPAHOE ) SS.
COUNTY OF KANA )
On this /7� day of 198Z, before me personally
appeared J.C. Sparkman
and Terrel E. Davis
to me nown t0 a Vice President do i
of the corporation that executed t e within and foregoing instrument, an
acknowledged said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath
stated that they were authorized to execute said instrument and that the
seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand the day and year first
above written.
Notary Public fn and for th S ja !
n of
WA$O ��or, resi di n/g/a
Colorado
- 6 -
LEASE AGREEMENT
PART B - GENERAL TERMS AND CONDITIONS
1 . LIMITATION ON USE/PURPOSE. Notwithstanding any other provision herein,
e Lessee shall not enter into any sub-lease of the premises or any
portion thereof or any assignment of any interest in this Agreement,
whether long or short term in nature, or engage in any activity with
respect to or on the premises other than the express use(s) and purpose(s)
stipulated herein, without obtaining the prior explicit written
authorization from the City.
2. LIENS AND INSOLVENCIES. Lessee shall keep the premises free from any
liens arising out of any work performed for, materials furnished to, or
obligations incurred by Lessee and shall defend, indemnify, and hold the
City harmless against the same. In the event the Lessee becomes
insolvent., bankrupt, or if the receiver, assignee or other liquidating
officer is appointed for the business of the Lessee, or Lessee applied for
debtor relief under federal or state laws, the City may terminate this
Lease, at its option.
3. POSSESSION. In the event of the inability of the City to deliver
possession of the premises, or any portion thereof, at the time of the
commencement of the term of this Lease, neither the City nor any of the
City's elected officials, officers, employees, or agents shall be liable
for any damage caused thereby, nor shall this Lease thereby become void or
voidable, nor shall the term herein specified be in any way extended, but
in such event, the Lessee shall not be liable for any rent until such time
as the City can deliver possession. If the Lessee shall take possession
of the premises prior to the commencement date of this Lease, the Lessee
and the City agree to be bound by all of the provisions and obligations
hereunder during such prior period including payment of rent at the rate
stated herein pro rated on a daily basis.
4. LICENSES 'AND TAXES. The Lessee shall be liable for, and shall pay
throughout the term of this Lease, all license and excise fees and
occupation taxes covering the business conducted on the premises, and all
taxes on 'personal property of the Lessee on the premises and any excise or
other taxes on the leasehold created by this Agreement. The Lessee shall
also pay `unemployment insurance, social security, workmen's compensation,
applicable to its business, and otherwise fulfill all fiscal obligations
imposed by law or contract.
5. UTILITIES. The Lessee, at the Lessee's sole expense, shall provide, or
shall otherwise pay for, when due, all costs for providing, all utilities
and other services on or to the premises including but not limited to
electricity, gas, water, telephone, sewer, garbage, heating, janitorial ,
security, and grounds keeping, and shall also pay all charges for utility
installation and modifications thereto occasioned by the Lessee's
requirements. The City shall not be liable for any injury, loss or damage
caused by or resulting from any interruption or failure of said services
due to any causes whatsoever except the City' s sole negligence. The
- 7 -
Lessee shall not be entitled to an offset, reduction or return of rental
as a result of any interruption or failure of said services.
6. LIABILITY.
(a) Indemnification. The Lessee shall defend, indemnify and hold the
City harmless from any and all claims actions, and/or judgments
whatsoever arising out of the use and occupation of said premises
including claims arising by reason of accident, injury or death
caused to persons or property of any kind occurring by the fault or
neglect of the Lessee, its officers, employees, agents, licensees, or
invitees, unless caused by the City 's sole negligence.
(b) Assum tion of Risk. The placement and storage of personal property
on saiZ premi es shall be the responsibility, and at the sole risk,
of the Lessee.
(c) Insurance. During the term of this Lease and any extension thereof,
the Lessee shall secure and maintain a policy of standard form
comprehensive general liability insurance with an insurance company
licensed to do business in the State of Washington, providing
protection and indemnification against any and all claims for injury
to person or property or for loss of life, including the liability of
the City for such to the Lessee and any of the Lessee's officers,
employees and agents, and any liability of the Lessee as such to the
City, its officers, employees and agents, arising out of or in
connection with the occupancy and use of the premises as well as any
and all claims and risks in connection with any. acts or omissions
performed by Lessee by virtue of the rights granted pursuant to this
Lease. Said policy limits shall be in the amount specified in Part A
hereof. Said policy must specifically name The City of Kent as an
additional insured party thereunder and must stipulate that the
coverages provided by said policy shall not be terminated, reduced,
or otherwise changed in any respect without providing at least thirty
(30) days prior written notice to The City of Kent. Notwithstanding
any provision herein to the contrary, the failure of the Lessee to
comply with the provision of this section shall subject this Lease to
immediate termination without notice and without recourse by any
person in order to protect the public interest.
(d) Waiver of Subrogation. The City and the Lessee hereby grant to each
other on e a of themselves and any or all insurers providing
insurance to either of them covering the premises or any portion
thereof, a waiver of any right of subrogation any such insurer of one
party may acquire against the other by virtue of payment of any loss
under such insurance.
(e) Adjustments of Claims: The Lessee shall provide for the prompt and
efticient handling UF all claims for bodily injury, property damage
or theft arising out of the activities of the Lessee under this
Lease. The Lessee agrees that all such claims, whether processed by
the Lessee or Lessee' s insurer, either directly or by means of an
- 8 -
agent, will be handled by a person with a permanent office in the
Kent-Seattle area.
7. USE AND CARE OF PREMISES.
(a) General Condition. The premises shall at all times be kept in a
neat, c ean, sa a and sanitary condition, and kept and used in
accordance with the laws of the State of Washington and ordinances of
The City of Kent, and in accordance with all authorized rules and
regulations of the King County Health Officer, Kent Fire Marshal ,
Kent Building Inspector, and other proper officers of The City of
Kent, at the sole cost and expense of the Lessee. The Lessee shall
not permit any waste, damage, or injury to the premises; use or
permit on said premises anything that will increase the rate of fire
insurance thereon, maintain anything on the premises that may be
dangerous to life or limb, overload the floors, permit any
objectionable noise or odor to escape or to be emitted from said
premises; permit anything to be done upon said premises that in any
way will tend to create a nuisance.
(b) Maintenance-Repairs. The premises have been inspected by both
parties and are accepted by Lessee in their existing condition as of
the commencement date of this Lease, without reservation except for
latent defects or faulty construction of the premises not
discoverable by inspection at the time of taking possession. All
normal repairs to roof, walls and foundations and existing utility
connections to and from the premises necessary to maintain premises
in a tenantable condition shall be done by or under the direction of
the City, and at the City's expense, except those caused by the
negligence or acts of the Lessee, or the Lessee's officers,
employees, agents or invitees, which repairs shall be made at the
sole expense of the Lessee. All other maintenance and repairs to the
premises shall be the responsibility and at the sole expense of the
Lessee, except that such maintenance and repairs shall be subject to
the prior written approval of and shall be undertaken at the
direction of the City.
(c) Alterations. The Lessee shall not make, or cause to be made, any
alteration addition or improvement in said premises without first
obtaining the written consent of the City to such work. All
alterations, additions, and improvements which shall be made, shall
be at the sole cost and expense of Lessee, and shall become the
property of the City, and shall remain in and be surrendered with the
premises as a part thereof at the termination of this Lease, without
disturbance, molestation or injury. The City reserves an unqualified
right to make alterations to the premises or to the building in which
the premises are situated (1 ) where conditions deemed by the Kent
Building Official to constitute an emergency, exist, or (2) in order
to correct code-deficiencies. The City also reserves the right to
make general alterations to the premises or to the building in which
the premises are situated provided said general alterations do not
unreasonably interfere with the ordinary operation of the premises by
the Lessee.
- 9 -
(d) Access. The City reserves for itself, its officers, employees agents
and contractors, free access to said premises at all reasonable times
for the purposes of inspecting, cleaning, or making repairs,
additions or alterations to the premises or any other property owned
by or under the control of City, but this right shall not be
construed as an agreement on the part of the City to make said
inspections, clean or make repairs, additions or alterations. The
Lessee shall have reasonable access to other property of the City
where necessary to provide utility services to the premises; all of
the Lessee's work on such other City property shall be at the
Lessee's sole expense.
(e) _Keys. In the event that the Lessee requests a change in locks or
ages the locks, said changes shall be at the sole expense of the
Lessee. The Lessee shall notify the City in writing of such change,
and for emergency use, shall provide the City with one (1 ) key for
each lock on the premises.
8. DAMAGE OR DESTRUCTION. In the event the premises are damaged by fire,
eart qua e, act of war, or other extraordinary casualty to such an extent
as to render the same untenantable in whole or in substantial part
thereof, or are destroyed, it shall be optional with the City to repair or
rebuild the same, and within forty-eight (48) hours after the happening of
any such event, the Lessee shall give the City or City's agent notice
thereof. The City shall have not more than sixty (60) days after the date
of such notification to notify the Lessee in writing of the City's
intentions to repair or rebuild said premises, or any part so damaged. If
the City elects to repair or rebuild said premises, the City shall
prosecute the work of such repairing or rebuilding without unreasonable
delay, in accordance with the then existing City procedures, and during
such period the rent for said premises shall be abated in the same ration
that that portion of the premises rendered for the time being unfit for
occupancy shall bear to the whole of the leased premises; upon the
completion of said rebuilding, the Lessee shall immediately reoccupy the
premises and pay the rent as aforesaid. In the event the building in
which the leased premises are located shall be substantially destroyed or
damaged even though the leased premises shall not be damaged thereby, if
in the opinion of the City it shall not be practical to repair or rebuild,
then it shall be optional with the City to terminate this Lease by
providing written notice to the Lessee within sixty (60) days after such
damage or destruction has been determined to be irreparable. If the City
shall fail to give the notice aforesaid, the Lessee shall have the right
to declare this Lease terminated by written notice provided to the City.
Notwithstanding any other provision herein, no party to this Lease shall
be liable in damages to any other party for termination of this Lease
because of the damage or destruction of the premises or the building in
which the premises form a part, as described in this section.
9. INTERIM TENANT STATUS/RELOCATION.
(a) The status of the Lessee is only that of an interim tenant.
Notwithstanding any other provision herein, the term of the Lessee 's
i
- 10 -
tenancy is limited by and is subject to the City's declaration of
intended use and/or need for the subject property for public purposes.
(b) Under no circumstances shall the Lessee be deemed to be or to have
become a "displaced person" as defined and used in state and federal
laws, rules and regulations pertaining to relocation assistance. , and
no cancellation, termination, or failure to extend the term of this
Lease shall qualify the Lessee for any of the benefits under such
relocation assistance laws, rules or regulations.
(c) The amount of rental stipulated as consideration for this Lease
includes, as a part thereof, full settlement for relocation benefits,
if any are to be paid by the City, and all consequences of the
Lessee's status as a tenant.
10. NON DISCRIMINATION. The Lessee shall comply with all federal , state and
local laws and ordinances prohibiting discrimination in employment with
regard to age, sex, race, color, creed, national origin, or physical or
mental handicap, unless based upon a bona fide occupational qualification.
11 . NOTICES. All notices to be given by either of the parties hereto to the
otFer party, shall be in writing and may either be delivered personally or
may be deposited in the United States Mail , postage prepaid, as either
certified or regular mail , addressed as specified in Part A hereof, or to
such other respective addresses as either party may from time to time
designate in writing. Notices sent by mail shall be deemed to have been
given when properly mailed, the postmark affixed by the United States Post
Office shall be conclusive evidence of the date of mailing.
12. RELATIONSHIP. In no event shall the City be construed, or held to have
become in any way or for any purpose a partner, associate, or joint
venturer of the Lessee or any party associated with the Lessee in the
conduct of the Lessee's business or otherwise. This Lease does not
constitute the Lessee the agent or legal representative of the City for
any purpose whatsoever.
13. AMENDMENTS. The parties hereto expressly reserve the right to renegotiate
the provisions hereof, including the term of this Lease, from time to time
as may be necessary and to amend this Lease accordingly; Provided,
however, that no alteration or modification of the terms or conditions
hereof shall be valid and binding unless made in writing and signed by the
authorized representatives of the parties hereto.
14. NO WAIVER OF DEFAULT. The City does not waive full compliance with the
terms an conditions of this Lease by acceptance of rent. No waiver of
default by either party of any of the terms, covenants and conditions
hereof to be performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default of any of
the terms, covenants and conditions herein contained, to be performed,
kept and observed by the other party.
15. TERMINATION. In the event that the Lessee defaults in the performance of
any of the terms, provision, covenants and agreements on the Lessee's part
- 11 -
to be kept, observed and performed, and such default is not corrected
within thirty (30) days after the receipt of notice thereof from the City,
or such shorter period as may be reasonable under the circumstances, or if
the Lessee shall abandon, desert, vacate or remove from the premises, or
if the Lessee shall file a petition in bankruptcy, or if the Lessee shall
be adjudicated a bankrupt after the filing of an involuntary petition in
bankruptcy, or if the Lessee shall take or receive the advantage or
benefit of any insolvency or if the Lessee shall enter into an agreement
of composition with the Lessee's creditors, then, in such event, the City,
at its option at any time thereafter, may terminate this Lease together
with all of the estate, right, and title thereby granted to or vested in
the Lessee, by giving twenty (20) days notice in writing of such election,
by certified mail addressed to the Lessee, and at the expiration of such
(20) day period, this Lease and all of the estate, right, title and
interest thereby granted to or vested in the Lessee shall then cease and
terminate, and the City may re-enter said premises using such force as may
be required. Notwithstanding such re-entry by the City and anything to
the contrary in this Agreement, the liability of the Lessee for the rent
provided for herein shall not be extinguished for the balance of the term
of this Lease. The Mayor shall have the right to determine on the City's
behalf the existence of any default in performance or other breach or
violation of the terms and conditions hereof on the part of the Lessee.
16. SURRENDER OF PREMISES. At the expiration or termination of this Lease,
including any extensions thereof, whichever is earlier, the Lessee shall
quit and surrender said premises and all keys thereto, without notice and
in as good condition as received at commencement of the term, ordinary
wear and tear, damage or destruction by fire or other casualty or
circumstances uncontrollable by the Lessee excepted; Provided, that if
alterations, additions or improvements have been made to the premises as
provided in this Lease, the Lessee shall not be required to restore the
premises to the condition in which they were prior to such alterations,
additions or improvements having been made.
17. ADJUDICATION.
(a) Arbitration. This Lease shall be construed under all the applicable
aws, statues, ordinances, rules and regulations of the United
States, State of Washington, County of King and the City of Kent in
cause of a dispute between the parties the dispute shall be subject
to arbitration each party shall select a representative, the
representatives shall select a third party arbitrator. If the
representatives are unable to select an arbitrator, the arbitrator
shall be selected pursuant to American Arbitration Association
initial rules. The arbitration shall be conducted pursuant to American
\L-4rbitration Association commercial arbitration rules and %007)/�O/
any finding reached between the parties hereto shall be subject
to a de novo review by a court of competent jurisdiction.
(b) Costs and AttorneyFees. If, by reason of any default or breach on
t e' part of either party in the performance of any of the provisions
of this Lease, a legal action or arbitration action is instituted,
the party not prevailing agrees to pay all reasonable costs and
E
- 12 -
attorney fees in connection therewith. It is agreed that the venue
of any legal action brought under the terms of this Lease may be in
the County in which the premises are situated.
18. BINDING EFFECT. This Lease shall be binding upon the heirs, successors,
assigns and all other parties legally empowered with signatory rights of
any or all of the parties hereto.
19. INVALIDITY OF PROVISIONS. Should any term, provision, condition or other
port on of this Lease a held to be inoperative, invalid or void, the same
shall not affect any other term, provision, condition or other portion of
this Lease, and the remainder of this Lease shall be effective as if such
term, provision, condition or portion had not been contained herein.
0752E-48E - 13 -
April 21 , 1987
PUBLIC SAFETY There were no further comments from the audience
FACILITIES and BAILEY MOVED to close the public hearing. Woods
seconded and the motion carried.
FIRE (CONSENT CALENDAR ITEM 3C)
DEPARTMENT EMS Contract with King County Emergency Medical
Services. AUTHORIZATION for the Mayor to sign the
EMS Contract with King County Emergency Medical
Services as approved by the Public Safety Committee
on April 14, 1987.
CABLE TV (CONSENT CALENDAR ITEM 3H)
Lease Agreement - GWC Seattle. AUTHORIZATION for
the Mayor to sign a lease agreement with GWC to
place an antenna on the tower of the City' s joint
use reservoir site at 124th Avenue S.E. as approved
by the Public Works Committee on October 29, 1986.
TELEPHONE Change order to Telephone Wiring Contract. The City
SYSTEMS asked for quotations for a telephone system at the
City Shops Building to include rewiring the build-
ing for telephones . At a later date it was deter-
mined that since the City was going to rewire, it
should be wired for dual jacks, much like City
Hall , to include computer stations as well as tele-
phones. It was then decided that the company rewir-
ing City Hall was most likely the best company to
do the rewiring since the City already had a con-
tract with them, and they had done an excellent
job within the City Hall and Engineering buildings.
The original proposal was to wire 37 jacks for tele-
phones only at $1 , 634 . 47 . The GTS proposgl is to
wire 53 jacks for voice and data at $80 per jack,
for a subtotal of $4 , 240 plus tax of $343. 44 and a
grand total of $4 , 583. 44 . BAILEY MOVED to authorize
the Mayor to sign a Change Order of $4, 583 . 44 to
GTS for wiring of telephones at the City Shops as
described. White seconded and the motion carried.
ARTS (CONSENT CALENDAR ITEM 3M)
COMMISSION REMOVED BY COUNCILMEMBER DOWELL
Appointment to Arts Commission. CONFIRMATION of
the Mayor ' s appointment of Jeannine M. Dowell to
the Arts Commission, to fill the unexpired term of
fj Bob Owren. Councilmember Dowell stated that due
to a potential conflict of interest, he would abstain
from voting. BAILEY MOVED to approve the appoint-
ment of Jeannine M. Dowell to the Arts Commission.
Houser seconded. The motion carried with Dowell
abstaining. This term will expire in October, 1987.
6 -